20 May 2003
The primary consideration
George Will, speculating on how the Supreme Court will rule on the University of Michigan affirmative action case, as reported by James Joyner at Outside the Beltway:
The late Justice William Brennan reportedly said that the most important word in the Supreme Court is not "justice" or "equality" or "law" but "five."
Brennan a pragmatist? Who knew?
(And with this, OTB goes onto the blogroll, using my standard criterion, which is "I can't believe you haven't linked this guy yet, considering how many times you've read his blog.")
Posted at 7:44 AM to Political Science Fiction
I had never seen that quote before but used to teach Brennan's related coinage of "the Rule of Five" in my Intro to American Govt. course. The "Rule of Four," of course, is that it takes four Justices to grant cert and thus take the case. The "Rule of Five" is that the Constitution means whatever five Justices say it means.
...at least until some entrepreneur opens up a torches-and-pitchforks stand outside the SCOTUS citadel.
Not a problem. The District of Columbia would tax the guy out of existence.
Either that or sue the makers of pitchforks.
Is there a different between your ordinary, Grant Wood-specification pitchfork and those "assault" pitchforks you see in old movies?